BILL NUMBER: AB 545	CHAPTERED  09/21/99

	CHAPTER   440
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JUNE 30, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999
	AMENDED IN ASSEMBLY   APRIL 29, 1999

INTRODUCED BY   Assembly Member Robert Pacheco

                        FEBRUARY 18, 1999

   An act to amend Sections 3303, 3321, and 3325 of the Business and
Professions Code, relating to hearing aid dispensers, and making an
appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 545, Robert Pacheco.  Hearing aid dispensers.
   Existing law establishes, within the jurisdiction of the Division
of Licensing of the Medical Board of California, the Hearing Aid
Dispensers Examining Committee, that is charged with administering
the laws relating to the practice of fitting and selling hearing
aids.  The law authorizing the committee became inoperative July 1,
1999, and is repealed January 1, 2000.  Existing law requires 4
members of the committee to be public members, one of whom must be a
licensed audiologist, and 3 members to be engaged in fitting or
selling hearing aids.
   This bill would (1) transfer the powers and duties of the
committee to the Director of Consumer Affairs and (2) establish the
Hearing Aid Dispensers Advisory  Commission, within the jurisdiction
of the Department of Consumer Affairs, which commission would consist
of 3 licensed hearing aid dispensers and 4 members of the public, as
specified, and would perform those duties delegated to it or
authorized by the director, as specified.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3303 of the Business and Professions Code is
amended to read:
   3303.  "Committee," as used in this chapter, means the  Director
of Consumer Affairs.
  SEC. 2.  Section 3321 of the Business and Professions Code is
amended to read:
   3321.  (a) There is within the jurisdiction of the department a
Hearing Aid Dispensers Advisory Commission.  The commission shall
consist of seven members, three of whom shall be licensed hearing aid
dispensers and four of whom shall be public members.  Only one of
the licensed hearing aid dispenser members may also be licensed as an
audiologist or otolaryngologist.
   (b) Each member of the commission shall hold office for a term of
four years.  Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs.
   (c) Vacancies occurring shall be filled by appointment for the
unexpired term.  Each member of the commission shall be eligible for
reappointment in the discretion of the appointing power, provided
that reappointed hearing aid dispenser members shall, at the time of
the reappointment, hold a valid license under this chapter.  No
person may serve as a member of the commission for more than two full
consecutive terms.
   (d) The Governor shall appoint two of the public members and the
three licensed members.  The Senate Rules Committee and the Speaker
of the Assembly shall each appoint a public member.  When appointing
the public members, consideration shall be given to appointing a
hearing-impaired individual.  If an otolaryngologist is not appointed
as one of the three licensed hearing aid dispenser members,
consideration shall also be given to appointing a licensed physician
or surgeon as a public member.
   (e) Every member of the commission shall receive per diem and
expenses as provided in Sections 103 and 113.
   (f) The commission shall perform those duties and functions that
have been delegated to it by the director, however, the director may
retain full authority for enforcing the provisions of this chapter.
The director shall not delegate his or her authority to receive and
process complaints against licensees, or to investigate, prosecute,
or discipline licensees.  The director also shall not delegate his or
her authority to (1) review the qualifications of individual
applicants for licensure, (2) accept or deny applications of
individuals for license examination, (3) administer license
examinations, (4) hear appeals from individuals related to their
performance on license examinations, or (5) participate in any other
way in the issuance of licenses to individual applicants.  The
director shall authorize the commission to advise him or her
regarding general issues relating to the qualifications and
examination of applicants for licensure.
   (g) The director may authorize the commission to do any or all of
the following:  (1) assist the director in the examination of
candidates for a license provided under this chapter, (2) after
investigation, evaluate and make recommendations to the director
regarding potential violations of this chapter, and (3) investigate,
assist, and make recommendations to the director regarding the
regulation of hearing aid dispensing in this state.
   (h) The director, or his or her designee, shall meet with the
commission quarterly and shall consult with the commission prior to
the introduction of any legislation or regulations proposed by the
department relating to hearing aid dispensing in this state.
  SEC. 3.  Section 3325 of the Business and Professions Code is
amended to read:
   3325.  Notice of each meeting of the commission shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Part 1 of Division 3 of Title 2 of
the Government Code).
